McCormick v. Terwilliger et al, No. 6:2011cv06444 - Document 30 (W.D.N.Y. 2015)

Court Description: DECISION AND ORDER. Defendants' 22 Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. The Motion is granted with respect to: (1) Plaintiff's false arrest claims against McDaniels, Sheriff Ordway, and the Steuben County Sh eriff's Department; (2) Plaintiff's malicious prosecution claims against Shutt, McDaniels, Sheriff Ordway, and the Steuben County Sheriff's Department; (3) Plaintiff's excessive force claim against McDaniels; and (4) Plaintiff 9;s battery claim under New York State law, all of which are dismissed with prejudice. McDaniels, Sheriff Ordway, and the Steuben County Sheriff's Department are hereby dismissed from this action. The Motion is denied with respect to (1) Plaint iff's false arrest claims against Terwilliger and Shutt; (2) Plaintiff's malicious prosecution claim against Terwilliger; and (3) Plaintiff's excessive force claims against Terwilliger and Shutt. Plaintiff's 25 Cross-Motion, seeking to strike the "expert" report of Michael Levine, is DENIED AS MOOT. IT IS SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 09/25/2015. (ST) -CLERK TO FOLLOW UP-